Allahabad High Court
Shiva Kumar vs State Of U.P. And 3 Others on 21 July, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146075
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30682 of 2023
Applicant :- Shiva Kumar
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Saurabh Pathak
Counsel for Opposite Party :- G.A.,Vijay Kumar Pandey
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
The instant bail application has been filed on behalf of the applicant, Shiva Kumar, with a prayer to release him on bail in Case Crime No. 261 of 2023, under Sections 376,452,506 IPC and section 3/4 POCSO Act Police Station Diviyapur, District- Auraiya, during pendency of trial.
There is allegation against the applicant of committing offence of rape and threatening after entering into house of victim and also committing offence of penetrative sexual assault.Learned counsel for the applicant has submitted that as per her high school certificate, victim is aged about 18 years.Applicant is related to her.She had consenting relation with him.Thereafter marriage of the applicant was settled with victim and on the date of marriage i.e., 13.5.2023 dispute took place between the parties ,therefore marriage could not take place.This fact is evident from the first statement of the victim recorded before the doctor.After the dispute took place in marriage, First Information Report was lodged.It is a case of false implication.The applicant is in jail since 15.5.2023 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.7.2023
Atul kr. sri.
